A judicial review is a form of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. In asylum and immigration cases, that public body will usually be the Home Office.
A judicial review can challenge the way a decision has been made, and whether it was illegal, irrational or unfair. It is not about whether the decision was “right”, but whether the law has been correctly applied and the right procedures have been followed.
An application for judicial review should be made as soon as is reasonably possible, and no later than three months after the decision that you are trying to challenge was made.
Pre-Action Protocol Stage
Before making your claim for Judicial Review, we will write to the Home Office informing them of this, giving them a chance to withdraw their decision or correct an error without having to go to the point of a judicial review. This is called the “pre-action” stage. The letter we write to the Home Office is called a “pre-action letter” or “letter before claim”.
We will take your detailed instructions and advise you on the laws and procedures in dealing with your claim. We will advise you on the strengths and weaknesses of your case.
In our pre-action letter we will outline the grounds why the Home Office has acted unfairly, irrationally or unlawfully. We will also request for the Home Office to correct their error and ask for a response within a time limit of 14 days.
Application for Permission Stage
Should the Home Office fail to respond or if their response is not satisfactory, you can apply for permission for judicial review.
We will assist with completion of “judicial review claim” form T480. We will also assist with helping you draft your detailed witness statement and advise you on the necessary documents required to form part of the judicial review bundle.
Depending on the complexity of your case, at this stage, we may instruct a barrister to draft the grounds for permission.
We will lodge your bundle at the Upper Tribunal and will also send a copy the Home Office. Should permission for judicial review be refused on paper, we can request a reconsideration of that decision at an oral hearing.
Our specialist solicitors will advise you on the reasons given by the court to refuse permission to apply for Judicial Review and we will instruct a Barrister/Advocate for drafting of grounds in support of the application for renewal of Judicial Review Claim. We will complete the Notice of Renewal, Form 86b, which must be filed together with the grounds within 7 days after service of the notification of the judge’s decision upon you.
A barrister / Advocate will represent you at the permission hearing.